10/23/2026
Sit for Your BBC Deposition by Dec. 11 or Risk Having Your Case Tossed
A federal magistrate judge in Miami has ordered Donald Trump to submit to questioning under oath in his $10 billion defamation lawsuit against the BBC by Dec. 11. Failure to do so could bring severe sanctions, up to and including the outright dismissal of his case.
U.S. Magistrate Judge Enjoliqué Lett issued the directive after BBC attorneys argued that the plaintiff had been dodging his own lawsuit's most basic legal obligation. Trump had previously agreed to an Oct. 16 deposition, then abruptly canceled it citing unspecified "matters of national importance"—a date that coincided with him campaigning in Georgia.
Charles Tobin, the BBC's lead lawyer, told the court the last-minute cancellation left the network with no date and virtually no runway before the discovery cutoff on Dec. 18. Trump's legal team reportedly floated pushing the deposition to mid-January, well past that deadline.
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Judge Lett emphasized that she lacks the authority to push back the discovery schedule, as only the presiding district judge can alter the trial calendar. Her directive was clear: without an official extension from the bench, the deposition must happen before the clock runs out.
Trump sued the publicly funded British broadcaster for defamation and deceptive trade practices over its documentary Trump: A Second Chance. The BBC acknowledged that its editors spliced together separate remarks from his Jan. 6, 2021 speech, a cut that led to an apology and the resignations of top executives. But while the network admitted to the editorial mistake, it maintains the segment was not defamatory and is mounting an aggressive legal defense.
Trump's lawyers fought to prevent the deposition from being videotaped, requesting that only a court stenographer transcribe the session. Judge Lett rejected that request, permitting a full seven-hour videotaped deposition on the condition that the video remains under seal for the attorneys' eyes only and is kept out of the public domain.
The broadcaster is also seeking to depose former special counsel Jack Smith, arguing his extensive investigation into the events of Jan. 6 could unearth crucial evidence. Trump's legal team pushed back, claiming Smith lacks firsthand knowledge of Trump's personal state of mind.
Smith's appearance is caught behind a regulatory wall. Under federal rules, current and former Department of Justice personnel must obtain formal agency approval before testifying in civil proceedings. Assistant U.S. Attorney Matthew Feeley confirmed that Smith will not testify without clearance, prompting Judge Lett to order the Justice Department to issue an official decision by Nov. 2.
In another major blow to Trump’s team, the judge ordered the production of Mar-a-Lago membership records spanning Jan. 6, 2020, through Jan. 6, 2026—including application numbers, initiation fees, and dues. The BBC argued that because Trump is demanding $10 billion for alleged reputational and financial harm, the resort's private ledger serves as direct evidence of how his elite peers actually value his brand. Trump’s attorneys insisted the resort’s revenue has nothing to do with his personal reputation, but the judge ruled the business records discoverable.
That leaves the plaintiff trapped in a legal corner with no good exit. If he sits for the deposition, he faces seven hours of hostile, videotaped cross-examination under oath regarding his damages and his speech. If he refuses to show, the court can dismiss his multi-billion-dollar lawsuit for willful non-compliance.
Nor can he easily pull the plug to keep Mar-a-Lago’s financial books secret. Because discovery is well underway, Federal Rule of Civil Procedure 41 bars him from voluntarily dismissing the suit without court approval or the BBC’s consent. Having spent millions mounting a defense, the network can demand a dismissal with prejudice alongside a crushing award for legal fees. Because Trump voluntarily entered court as a private plaintiff seeking personal damages, presidential immunity cannot shield him, and federal courts routinely enforce monetary fee orders directly through bank account garnishments and real estate liens.
A plaintiff demanding $10 billion cannot hide behind the Oval Office when the bill for discovery comes due.
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